2nd Circ. Doubtful On Nixing NYC Flavored Tobacco Ban

Law360, New York (November 6, 2012, 8:02 PM EST) -- Second Circuit judges on Tuesday expressed skepticism that they would strike down a New York City law that effectively bars the sale of smokeless tobacco that is flavored, a prohibition that an Altria Group Inc. unit claims violates users' free choice.

Current federal law on tobacco gives states and local entities the power to limit the sale of tobacco products, judges on a Second Circuit panel suggested at oral arguments in Manhattan.